CARB'S Criteria and Toxics Reporting Regulation

Meetings & Workshops

The California Air Resources Board is considering the adoption of an emission reporting regulation which will require your facility to annually report criteria and toxic emissions to the state.  The reported emissions will then be displayed on a statewide mapping tool

For more information regarding meetings and workshops, please click here.

Background

In 2017, Assembly Bill (AB) 617 (C. Garcia, Chapter 136, Statutes of 2017) was adopted to develop a new community-focused program to more effectively reduce exposure to air pollution and preserve public health. This bill directs CARB and all local air districts, including the Monterey Bay Air Resources District (MBARD), to take measures to protect communities disproportionally impacted by air pollution. The key components to the new AB 617 mandate include: community-level air monitoring and emission reduction plans, accelerated review of retrofit air pollution control technologies on industrial facilities subject to Cap-and-Trade, enhanced emission reporting requirements and increased penalty provisions for air quality violations. The emission reporting component of the AB 617 program is the focus of this advisory.

During its December 2018 meeting, CARB adopted the "Regulation for the Reporting of Criteria Air Pollutants and Toxic Air Contaminants", which requires affected businesses located in AB 617 communities to annually report to their local air district and CARB, their emissions from all permitted activities. Simultaneously, CARB directed its staff to consider further refinements to the regulation's applicability.

Enhanced Emissions Reporting

In its revised regulation, CARB staff has expanded the scope of applicability and is now proposing that essentially all permitted sources will be subject to enhanced emissions reporting requirements. Compliance with this new reporting mandate is expected to bring significant cost increases to all businesses in California, with small businesses likely to be the most affected. Further, CARB staff is proposing to amend the regulation under an abbreviated "25-day" rulemaking process that may not allow affected businesses to provide comments in time for them to be considered before regulatory changes take effect.

Please note that MBARD supports all efforts to ensure that the health of our communities are protected from the effects of air pollution, including developing tools like emissions reporting to help identify air quality issues.  We are continuing to engage with CARB staff on this important issue and are working with them to ensure that regulations are developed with ample opportunity for affected entities to participate in the rulemaking process, as well as to ensure that those regulations are cost-effective.

If you have questions about the regulatory language, please contact any of the following MBARD staff: